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By Michelle Cohen Farber
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The Mishna rules that if a Jew buys a donkey embryo from a non-Jew, sells one to him, enters into a partnership with him, or receives or gives an animal under a sharecropping agreement (kablanut), the offspring is exempt from bekhora. The Gemara questions why the Mishna needs to enumerate all these individual cases, and explains that each is necessary: selling must be taught so we do not fine a Jew who removes an animal from sanctity; partnering excludes Rabbi Yehuda's view that a joint partnership with a non-Jew is obligated in bekhora; and sharecropping (kablanut) is needed because the primary animal belongs to the Jew, and had we exempted it from the firstborn law, we might have thought this would cause people to think that in a regular animal there is no law of firstborn. The Gemara asks what Rabbi Yehuda's position is regarding selling an embryo to a non-Jew, given that he elsewhere permits selling a broken animal (shevura). Is an embryo treated like a broken animal because it cannot work, or is selling an embryo forbidden because it is standard practice, unlike a broken animal where there is a clear distinction (heker) since it is not standard practice? The Gemara first attempts to prove this from the Mishna, which mentions that selling an embryo is forbidden without noting a dissenting opinion. However, this proof is rejected, as Rabbi Yehuda clearly disagrees with another part of the Mishna without being mentioned there, so no proof can be brought from the Mishna. Next, a braita detailing fines for sharecropping (kablanut) transactions is brought to show that Rabbi Yehuda forbids it. However, the Gemara rejects this proof, clarifying that the fine in the braita applies specifically when giving a pregnant animal to be fattened. Ultimately, Rav Ashi proves from Rabbi Yehuda's own rationale in another braita—that a broken animal is permitted because it cannot heal—which implies that selling an embryo is forbidden, as it naturally grows and "heals." This entire sugya was also taught in a different manner, as a question of whether the Mishna's prohibition on selling an embryo is only according to the Rabbis or if Rabbi Yehuda agrees with it as well. As in the previous version, the conclusion is that Rabbi Yehuda also forbids it. The Gemara asks whether selling a healthy animal solely for its fetus is permitted, analyzing the doubts according to both Rabbi Yehuda and the Rabbis. An attempt is made to resolve the question from the Mishna regarding one who gives an animal under sharecropping (kablanut for offspring), as the phrase "even though he is not permitted" is omitted there. However, the Gemara ultimately concludes that in other forbidden cases (such as partnership) the Tanna also omits "even though he is not permitted," so no answer to the question can be derived from the Mishna.

Introduction to Masechet Bekhorot

Ravina derives from "shaleach teshalach" that a kosher bird that killed a human, before it is convicted, it is exempt from shiluach haken because one is commanded to bring it to court rather than send it away. The Mishna ruled that consecrated birds are exempt from the mitzva of shiluach haken. The Gemara attempts to find a case of sanctified birds that would require an exemption. After four failed attempts, Rav and Shmuel each bring a possible explanation. Rav explains that it refers to one who consecrated the offspring of his dovecote for a sacrifice, which subsequently escaped, retains its sanctity and it is exempt from the mitzva of shiluach haken. Shmuel explains that it refers to one who consecrated a domestic hen to Temple maintenance (bedek habayit) which then escaped, which retains its sanctity as wherever it is, it belongs to God, based on the principle "l'Hashem haaretz u'mlo'ah." Rabbi Yochanan agrees with Shmuel and Reish Lakish with Rav. However, Rabbi Yochanan and Reish Lakish disagree in a different case and their positions are reversed. The Gemara works to resolve the contradictions. Analyzing the verse in the Torah, Devarim 22:6, the braita shows the derivation of the different laws listed in the Mishna while adding others, and the Gemara analyzes and somewhat edits the braita. The braita derived from the word "tzipor," that the law applies only to kosher birds. The Gemara explains that this word always refers to kosher birds, while the word "עוף" includes not kosher birds as well. Several verses are brought to challenge this theory, but are resolved.
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